If your Registered Trademark faces a Rectification stage, we need to be very consciously handle the process with at most care and concern.

Time: If a Rectification Petition is filed against our Registered Trademark, the Trademark Registry will communicate the same to us. We need to file our side reply within a period of 60 days. We cannot request for any time extension.

Our side reply: We need to draft a detailed reply which shall comprise of the history of our company, such as the year of establishment of business, annual turnover and other Information. If the subject trademark id different from that of company name, the information and details of the  Trademark should also be stated. Further the grounds of opposition need to be countered properly.

For example, if a rectification is filed on ground of Similarity, then our side replies may be:

• Comparing the goods or service of both the parties
• Prior user
• Non-Similarity

Evidence: Once we submit our side counter statement, the applicant in the rectification petition will file the evidences in support of his grounds. Once we receive the evidences, we need to submit our side evidences by way of affidavit.

Hearing: The registry shall fix up the time for hearing and on the specific day, both the parties or through their attorneys, can argue their side merits and the Registry shall pass the order based on evidences.